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Old 08-26-2010, 07:58 PM
 
27,206 posts, read 46,541,014 times
Reputation: 15661

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Quote:
Originally Posted by God of Data View Post
Landlord refuses to provide pre-move-out inspection and already told me verbally that he will take my full deposit even if I clean and repaint/touch up walls. Lease expires August 31st. What recourse do I have??

Any advice would help greatly. Thanks in advance!
This is your side of the story and either your LL is a slumlord or he has a reason for keeping the deposit...

Did you pay all your rent?

What can be the reason for the LL to say this?

If the LL is doing it without any reason then you ahve a reason to go to small claims court.

The LL has to specify why he will keep the sec. deposit, etc..
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Old 08-28-2010, 12:20 PM
 
23 posts, read 105,209 times
Reputation: 20
Quote:
Originally Posted by bentlebee View Post
This is your side of the story and either your LL is a slumlord or he has a reason for keeping the deposit...

Did you pay all your rent?

What can be the reason for the LL to say this?

If the LL is doing it without any reason then you ahve a reason to go to small claims court.

The LL has to specify why he will keep the sec. deposit, etc..

Yes I paid all my rent. I have paid all my rent early (it is due on the 5th and I send it on the 1st) by certified mail every month for the last two years.

I really don't know his motives but I'm guessing it is because he has always taken his past tenants' deposit. He said that he can always prove that he has a right to take it no matter what the condition of the property.

I've already scheduled a cleaning lady and painter to touch-up/repaint but other than that, I can't physically force the guy to tour the house with me and sign a paper saying the property is in good condition (better than when I moved in, btw).

This just blows.

I've never had this kind of landlord before. I've always had professional people who have done things properly and I've always left on good standing with them. Oh well. I guess you haven't really lived until you've sued somebody? lol.

Thank you to everyone for all your advice. I will video-tape, take pictures, write out the sequence of events on paper, maybe have someone with me who can sign a letter stating that the property is in good condition. And then sue him and hope for the best.
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Old 08-28-2010, 12:27 PM
 
Location: Maine
2,272 posts, read 6,645,133 times
Reputation: 2563
Perhaps a strongly-worded letter from an attorney reminding the LL of the law would be a proactive measure.
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Old 08-28-2010, 02:42 PM
 
221 posts, read 796,890 times
Reputation: 191
This is good question. Curious, as to my security deposit I gave my landlord when I first moved it. She never cashed it. I believe this would only happen when I move out and I'm assuming if anything major was wrong with the apartment that I had caused? I have since changed my checking account, so that check just bounce if she tried to cash it..
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Old 06-05-2011, 10:26 PM
 
1 posts, read 2,964 times
Reputation: 11
I have a lanloard that drives by frequently and has the neighbors spying on us, and she also gave us a 30 day to move, because our lease is up. We requested a pre inspection before our initial walk through, she refused saying I don't have time. She has been extremely difficult to say the leaset this past year There are several more issue's we've had with her. Does anyone have any advice on this matter. It would be greatly appriciated...
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Old 06-06-2011, 05:45 AM
 
2,687 posts, read 7,383,973 times
Reputation: 4212
Exclamation First off...

Quote:
Originally Posted by God of Data View Post
Landlord refuses to provide pre-move-out inspection and already told me verbally that he will take my full deposit even if I clean and repaint/touch up walls. Lease expires August 31st. What recourse do I have??

Any advice would help greatly. Thanks in advance!
You have a right to be present during the walk-through and to sign the walk-through sign-off sheet, so try to schedule it accordingly. Try to get all correspondense regarding this LL's nonsense in writing via email!!!! Email and email and email even to help prove your diligence it following through. If LL refuses to respond, as many do, you have your written requests to provide to the court if necessary.

Best of luck to you. We had a LL that refused to do second walk through when electric was turned back on... so of course we had no proof that the refrig/stove/dish washer actually worked or not... stay on top of this unscrupulous person.

Koale
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Old 06-06-2011, 08:42 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,444,658 times
Reputation: 26726
Koale - you're responding to the OP's thread of last August. A new poster revived it yesterday with a question.

Susannemarie, I'm not sure why you need a "pre-inspection:" before a final walk-through. Check your state's landlord tenant laws to see what they say about security deposits, etc.
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Old 06-06-2011, 09:46 AM
 
2,687 posts, read 7,383,973 times
Reputation: 4212
Talking lol...

Quote:
Originally Posted by STT Resident View Post
Koale - you're responding to the OP's thread of last August. A new poster revived it yesterday with a question.

Susannemarie, I'm not sure why you need a "pre-inspection:" before a final walk-through. Check your state's landlord tenant laws to see what they say about security deposits, etc.
oopps...I hate working this graveyard shift...don't know if I'm comin' or goin'.
Koale
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Old 06-06-2011, 05:45 PM
 
Location: Austin, TX
16,787 posts, read 48,835,400 times
Reputation: 9477
Quote:
Originally Posted by Koale View Post
You have a right to be present during the walk-through and to sign the walk-through sign-off sheet, so try to schedule it accordingly. Try to get all correspondense regarding this LL's nonsense in writing via email!!!! Email and email and email even to help prove your diligence it following through. If LL refuses to respond, as many do, you have your written requests to provide to the court if necessary.

Best of luck to you. We had a LL that refused to do second walk through when electric was turned back on... so of course we had no proof that the refrig/stove/dish washer actually worked or not... stay on top of this unscrupulous person.

Koale
Koale,

YOu should start your own discussion thread rather then tag your question onto an existing one. Doing that makes it too confusing to sort out the questions and answers. Also tell us where you live, the laws vary state by state. What is required in California is not required in Texas, etc.
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Old 08-25-2017, 11:53 AM
 
1 posts, read 893 times
Reputation: 10
Default You are in a good bad position - Same as us!

Hi there

We are in the same boat but sought legal advise. You have requested the pre move out inspection. Make sure you have evidence of the request so he can't say he never got it! So do what the other person said and document your own inspection with a friend or colleague and take LOADS of pictures (date stamped). Even if the landlord agrees to do it still take loads of pictures of you guys walking through, of what he points out, of each and every room in every angle! Our lawyer said there is no such thing as too many pictures.

THEN by CA LAW he has 21 days in which to return your deposit or provide you with an explanation in writing why he is not going to return it. If he does not - our Lawyer said we are NOT to contact our landlady we are to go straight to small claims court (we can go without a lawyer - he advised us not to waste the expense of his fees as 9 times out of 10 the law is in favor of the tenant) Not only can you take him to task for the deposit but you can claim $4500 for damages - no questions ask. (that is for the trauma he has put you through). He said every case he has done has got the $4500 no questions ask.

Our landlady is being a nightmare too even thou we have improved her house and painted it at our expense and done heaps of repairs at our expense.

Our lease end on the 16th Sept and she wants us to pay UP TO AND INCL the 16th BUT she has said she wants the keys on the 15th as she has her new tenants moving in on the 16th and they are paying from the 16th too! We told her we will pay till the 15th as the new tenants are moving in on the 16th - She is trying to screw us both for the sake of 1 days rent! What kind I ask you!

Good luck - Let us know how you get on as we are in the same boat as you only two weeks later!
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